2020 New Mexico Statutes
Chapter 3 - Municipalities
Article 49 - Streets, Sidewalks and Public Grounds
Section 3-49-1 - Streets; sidewalks; curbs and gutters; public grounds.

A municipality may lay out, establish, open, vacate, alter, repair, widen, extend, grade, pave or otherwise improve streets; including, but not necessarily limited to median and divider strips, parkways and boulevards; alleys, avenues, sidewalks, curbs, gutters and public grounds, and may:

A. regulate their use and use of structures under them;

B. prohibit and remove encroachments or obstructions on them;

C. provide for their lighting, cleaning, beautification, landscaping and maintenance;

D. regulate their opening or repair;

E. require the owner or occupant of any premise to keep the sidewalk, along the premise, free from any snow or other obstruction;

F. regulate and prohibit the throwing or depositing of any offensive matter on them;

G. prohibit injury to them;

H. provide for and regulate crosswalks, curbs and gutters;

I. regulate and prohibit their use for signs, signposts, awnings, awning posts, telegraph poles, horse troughs, posting handbills and advertisements;

J. regulate and prohibit the exhibition or carrying of banners, placards, advertisements or handbills in the streets or upon the sidewalks;

K. regulate and prohibit the flying of banners, flags or signs across the streets or from houses;

L. regulate traffic and sales upon streets, sidewalks and public places;

M. regulate the numbering of lots and houses;

N. name and change the name of any street, alley, avenue or other public place; and

O. with the written consent of the owner, regulate the speed and traffic conditions on private property.

History: 1953 Comp., § 14-50-1, enacted by Laws 1965, ch. 300; 1967, ch. 90, § 2.

Cross references. — For definition of "public ground", see 3-1-2 NMSA 1978.

For definition of "street", see 3-1-2 NMSA 1978.

For annexation to include streets, see 3-7-18 NMSA 1978.

For adoption of traffic code by reference in ordinance, see 3-17-6 NMSA 1978.

For eminent domain power for laying out, opening and widening streets, alleys and highways, see 3-18-10 NMSA 1978.

For regulation or prohibition of nuisances, see 3-18-17 NMSA 1978.

For regulatory powers of municipality regarding railroads and street railroads, see 3-18-21 NMSA 1978.

For platting of street lines by planning commission, see 3-19-7 NMSA 1978.

For streets and alleys in subdivisions, see 3-20-4 NMSA 1978.

For street improvement fund, see 3-34-1 NMSA 1978 et seq.

For the Tort Claims Act, see 41-4-1 NMSA 1978 et seq.

For authorization to grant use of streets to railroads, see 63-2-8 NMSA 1978.

Traffic regulations on private property. — Although the legislature has enacted legislation specifically authorizing municipalities to regulate the speed and traffic conditions within the municipality, the power of a municipality to control such activities on private property is contingent or subject to the municipality first obtaining the written consent of the property owner. City of Rio Rancho v. Young, 1995-NMCA-002, 119 N.M. 324, 889 P.2d 1246, cert. denied, 119 N.M. 311, 889 P.2d 1233.

A municipality does not have the authority to enforce a municipal DWI ordinance on private property without the written consent of the property owner. City of Las Cruces v. Rogers, 2009-NMSC-042, 146 N.M. 790, 215 P.3d 728.

Where a police officer followed defendant into the parking lot of a convenience store on the suspicion that defendant was intoxicated; the officer stopped defendant as defendant was preparing to leave the parking lot; defendant was arrested for violating a municipal DWI ordinance; the parking lot was private property; and the owner of the property had not given express written consent to the municipality to enforce the municipality's DWI ordinance within the property, the district court did not err in dismissing the DWI complaint against defendant. City of Las Cruces v. Rogers, 2009-NMSC-042, 146 N.M. 790, 215 P.3d 728.

Delegation of police power. — Power to regulate use of streets is a delegation of the police power of the state government and whatever reasonably tends to make regulation effective is a proper exercise of that power. City of Roswell v. Mitchell, 1952-NMSC-027, 56 N.M. 201, 242 P.2d 493.

Regulation by state transportation commission. — Statutory powers given to cities and towns do not give such municipalities absolute control over existing streets and proposed roads to the exclusion of the state highway commission [state transportation commission]. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334.

Control of public highways within municipality. — If exclusive control of all streets within the city limits was given to the city under this section, it was revoked by 67-3-12 NMSA 1978 with respect to public highways located within the limits of the municipality. State ex rel. State Hwy. Comm'n v. Ford, 1964-NMSC-037, 74 N.M. 18, 389 P.2d 865.

Widening state highway. — A municipal ordinance, relative to widening a portion of state highway going through city and prohibiting parking on such portion of the highway, which was enacted following the execution of a cooperative agreement between the city and state highway department was not void as a bartering away of the exercise of city's police power. Farnsworth v. City of Roswell, 1957-NMSC-053, 63 N.M. 195, 315 P.2d 839.

Duty of counties. — The duty to maintain and keep public highways in repair is that of the respective counties in which the highways are located, except for highways and streets in municipalities and state highways. Sanchez v. Board of Cnty. Comm'rs, 1970-NMCA-058, 81 N.M. 644, 471 P.2d 678, cert. denied, 81 N.M. 668, 472 P.2d 382.

Liability of municipality regarding regulating use of streets. — Regulating the use of streets by a municipality involves governmental and not corporate functions. There is no liability on the part of the municipality for an omission of duty in this respect, unless such liability is imposed by statute. Hammell v. City of Albuquerque, 1958-NMSC-005, 63 N.M. 374, 320 P.2d 384.

Liability of municipality to keep streets and sidewalks in safe condition. — A municipality is under a legal duty to keep its streets and sidewalks in a reasonably safe condition for the use of the public, and for the negligent failure to perform this duty it is liable in tort to a person thereby injured. Hammell v. City of Albuquerque, 1958-NMSC-005, 63 N.M. 374, 320 P.2d 384.

Regulation of parking. — A city has the power to regulate parking, even to the extent of prohibiting it in a proper case. Farnsworth v. City of Roswell, 1957-NMSC-053, 63 N.M. 195, 315 P.2d 839.

A no parking regulation normally represents an exercise by a municipality of its police power and it is a reasonable regulation. Farnsworth v. City of Roswell, 1957-NMSC-053, 63 N.M. 195, 315 P.2d 839.

Parking meter ordinance. — Where parking meter ordinance was enacted primarily as a traffic regulation and not for the revenue incidental thereto, the ordinance was not unconstitutional or otherwise invalid because, incidentally, the city's receipts of money was increased. City of Roswell v. Mitchell, 1952-NMSC-027, 56 N.M. 201, 242 P.2d 493.

Improvements. — City council has the power to plant shade trees, sprinkle the streets and erect drinking fountains, or otherwise improve the streets within its limits. Water Supply Co. v. City of Albuquerque, 1912-NMSC-038, 17 N.M. 326, 128 P. 77.

Special assessments to pay cost of curbing. — The authority to establish and improve the streets granted city councils and boards of trustees, and to provide for and regulate crosswalks, curbs and gutters, did not grant the right, either expressly or by necessary implication, to levy a special assessment upon abutting owners to pay the cost of curbing a street. Albuquerque v. Zeiger, 1891-NMSC-014, 5 N.M. 674, 27 P. 315.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets, and Bridges §§ 273 to 310, 356.

Sickness due to condition of street, liability for, 1 A.L.R. 355.

"Owner," scope and import of term in statutes relating to change of grade of streets or highways, 2 A.L.R. 788, 95 A.L.R. 1085.

Surface water along natural drainage, right to hasten by improvement of street or highway the flow of, 5 A.L.R. 1530, 36 A.L.R. 1463.

Sale of goods, abutting owner's right to use street, including sidewalk, for, 6 A.L.R. 1314.

Cellar or vault under highway, liability of city permitting abutting owner to maintain, for flooding thereof, 7 A.L.R. 650.

Lateral support, liability of municipality for injury to, in grading street, 7 A.L.R. 806, 38 A.L.R. 19, 44 A.L.R. 1494.

Building materials in street, placed there under a permit authorizing the construction, alteration, repair or demolishing of a building or its appurtenances, liability of municipality for injuries to children, 11 A.L.R. 1362.

Weeds, clearing alley of, nonliability, 14 A.L.R. 1473, 32 A.L.R. 988, 52 A.L.R. 187, 60 A.L.R. 101, 156 A.L.R. 692, 714.

Trespass by independent contractor performing work on highway, 18 A.L.R. 863.

Advertising matter, validity and construction of statute or ordinance relating to distribution of, 22 A.L.R. 1484, 114 A.L.R. 1446.

Tax on automobile or its use for cost of road or street construction improvement or maintenance, 24 A.L.R. 937, 68 A.L.R. 200.

Drowning of child in pond created by failure to provide drainage in constructing highway embankment, 40 A.L.R. 488.

Sign or billboard, liability for injuries due to fall of, as affected by failure to enact or enforce ordinance, 45 A.L.R. 803.

Coasting in street, liability for injury incident to, 46 A.L.R. 1434.

Constitutionality of statute or ordinance imposing upon abutting owners or occupants duty in respect of care or condition of street or highway, 58 A.L.R. 215.

Traffic regulations, failure of municipality to adopt, or to enforce, as ground of its liability for damage to property or person, 92 A.L.R. 1495, 161 A.L.R. 1404.

Nursery, quarry, gravel pit, implied power of municipality to operate for production of materials needed for carrying out powers expressly conferred upon it, 104 A.L.R. 1342.

Coasting, effect of ordinance against on right to recover for injury while coasting in street, 109 A.L.R. 942.

Sound trucks or other forms of advertising by vehicles in streets or highways, 121 A.L.R. 977.

Alteration or relocation of street or highway as discontinuance of part not included, 158 A.L.R. 543.

Vacation or discontinuance of street or highway, necessity for adhering to statutory procedure described for, 175 A.L.R. 760.

Off-street public parking facilities, 8 A.L.R.2d 373.

Taxicab or hack stands, validity of statute, ordinance or regulation abolishing or forbidding granting of exclusive rights or franchise to, 8 A.L.R.2d 574.

Loudspeakers: public regulation and prohibition of sound amplifiers or loudspeaker broadcasts in streets, 10 A.L.R.2d 627.

Validity and construction of regulations as to subdivision maps or plats, 11 A.L.R.2d 524.

Negligence of building or construction contractor as ground of liability upon his part for injury or damage to third person occurring after completion and acceptance of the work, 13 A.L.R.2d 191.

Liability for injury resulting from swinging door, 16 A.L.R.2d 1161.

Explosion or burning of substance stored by third person under municipal permit, municipal duty to keep street safe as basis for liability for injury or damage from, 17 A.L.R.2d 683.

Lighting: liability of municipal corporation for injury or death occurring from defects in or negligence in construction, operation, or maintenance of its electric street-lighting equipment, apparatus, and the like, 19 A.L.R.2d 344.

Cave-in or landslide, liability for injury to or death of child caused by, 28 A.L.R.2d 195.

Detour around obstruction, duty of highway construction contractor to provide, 29 A.L.R.2d 876.

Weeds and the like, tort liability of municipality in connection with destruction of, 34 A.L.R.2d 1210.

Grade of highway, interest on damages for change in, 36 A.L.R.2d 337.

Liability for injury to or death of child caused by burning from hot ashes, cinders, or other hot waste material, 42 A.L.R.2d 930.

Barriers for protection of adult pedestrians who may unintentionally deviate from street or highway into marginal or external hazards, duty and liability of municipality as regards, 44 A.L.R.2d 633.

Construction or improvement work, liability of municipality for failure to erect warnings to traffic against entering or using street which is partially barred or obstructed by, 52 A.L.R.2d 689.

Billboards and outdoor advertising, municipal power as to, 58 A.L.R.2d 1314.

Paint or oil deliberately placed upon surface of street, liability of municipal corporation to person injured in fall because of slippery substance such as, 81 A.L.R.2d 1194.

Snow and ice, statute or ordinance requiring abutting owner or occupant to remove from sidewalk as affecting liability for injuries, 82 A.L.R.2d 998.

Traffic rules, street or highway intersection within, 7 A.L.R.3d 1204.

Sale of merchandise on streets, authorization, prohibition, or regulation by municipality of, 14 A.L.R.3d 896.

Power of municipal corporation to limit exclusive use of designated lanes or streets to buses and taxicabs, 43 A.L.R.3d 1394.

Estoppel of municipality as to encroachments upon public streets, 44 A.L.R.3d 257.

Design: liability of governmental entity or public officer for personal injury or damages arising out of vehicular accident due to negligent or defective design of highway, 45 A.L.R.3d 875, 58 A.L.R.4th 559.

Widening of city street as local improvement justifying special assessment of adjacent property, 46 A.L.R.3d 127.

Advertising structures: validity and construction of state or local regulation prohibiting the erection or maintenance of advertising structures within a specified distance of street or highway, 81 A.L.R.3d 564.

Private improvement of land dedicated but not used as street as estopping public rights, 36 A.L.R.4th 625.

Liability of governmental entity for damage to motor vehicle or injury to person riding therein resulting from collision between vehicle and domestic animal at large in street or highway, 52 A.L.R.4th 1200.

Construction and effect of "changed conditions" clause in public works or construction contract with state or its subdivision, 56 A.L.R.4th 1042.

Governmental tort liability for injury to roller skater allegedly caused by sidewalk or street defects, 58 A.L.R.4th 1197.

Legal aspects of speed bumps, 60 A.L.R.4th 1249.

Highway contractor's liability to highway user for highway surface defects, 62 A.L.R.4th 1067.

Liability for diversion of surface water by raising surface level of land, 88 A.L.R.4th 891.

Governmental tort liability for detour accidents, 1 A.L.R.5th 163.

Applicability, to operation of motor vehicle on private property, of legislation making drunken driving a criminal offense, 52 A.L.R. 5th 655.

Liability of owner, operator, or other parties, for personal injuries allegedly resulting from snow or ice on premises of parking lot, 74 A.L.R.5th 49.

Modern status of rules regarding tort liability of building or construction contractor for injury or damage to third person occurring after completion and acceptance of work; "foreseeability" or "modern" rule, 75 A.L.R.5th 413.

63 C.J.S. Municipal Corporations §§ 1042 to 1048, 1057; 64 C.J.S. Municipal Corporations § 1653 et seq.